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Tribal Sovereignty Over Water Quality

Journal of Land Use & Environmental Law, Vol. 20, p. 61, 2004

56 Pages Posted: 2 Mar 2010  

Jessica Owley

University at Buffalo Law School

Date Written: 2004

Abstract

This article investigates the use of section 518 of the Clean Water Act, the “Treatment As State” provision, which enables Indian tribes to exercise rights and obtain privileges under the Clean Water Act in the same manner as states are able to. The article details the evolution of section 518 and the evolving nature of tribal jurisdiction over nonmembers and the Environmental Protection Agency’s interpretation of the statute. The EPA’s failure to acknowledge either the statute’s affirmation of tribal sovereignty or the statute’s clear delegation of federal authority to tribes has created uncertainty leading to inaction on the part of the EPA, tribes, and states. The article proposes a compromise: removal of tribal enforcement actions to federal courts enabling enforcement of tribal law while allaying fears regarding potential inadequacy of tribal courts

Suggested Citation

Owley, Jessica, Tribal Sovereignty Over Water Quality (2004). Journal of Land Use & Environmental Law, Vol. 20, p. 61, 2004. Available at SSRN: https://ssrn.com/abstract=1548039

Jessica Owley (Contact Author)

University at Buffalo Law School ( email )

School of Law
528 O'Brian Hall
Buffalo, NY 14260-1100
United States
716-645-8182 (Phone)
716-645-2064 (Fax)

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